Bonum Certa Men Certa

Ingve Stjerna's Complaint Casts a Shadow Over the Unconstitutional Unified Patent Court (UPC)

Unconstitutional not only in Germany

Summary: The Unitary Patent is un-Constitutional, according to a lawyer who used to work for UPC-friendly firms but can now say the truth about this abomination

THE ENGLISH [PDF] (and also French [PDF]) translation of the first/seminal article about the UPC complainant in Germany was published on Monday by SUEPO, the EPO's staff union.



This report is quite important. It's the basis for a potential series of filings for consideration by the courts (we are assessing eligibility to do this). Here is the translation as HTML:

06.09.2017

UPC: Düsseldorf Lawyer Stjerna lodged complaint under Constitutional Law



There has been speculation for a long time regarding who initiated the proceedings at the end of March before the Federal Constitutional Court against the UPC agreement. JUVE has now learned from sources in the political world that the complainant is Düsseldorf lawyer Dr. Ingve Stjerna.

Ingve Stjerna

At the end of August the Federal Constitutional Court called on a number of the people involved as well as third parties to give their views. These included, as well as the Federal Government, also the Deutscher Anwaltverein (DAV, the German Law Society), and Eplaw, the European Patent Lawyers Association. Both bodies of lawyers played a considerable part in the process of bringing the UPC into being.

When approached by JUVE, Stjerna had this to say: “The concession to the EPC arrangement is unconstitutional, and only the Federal Constitutional Court can put a stop to it. I hope this succeeds, because otherwise it will be the users in particular who suffer. They need a more legally secure system, and they need it urgently.”

It was only in mid-August that the grounds for the complaint were made public for the first time. Stjerna is contending that, with the UPC agreement, the Federal Republic is surrendering more sovereign rights than is compatible with the need for democracy (Art. 38 Para. 1 Clause 1 of the Basic Law (GG). In detail, he is complaining, among other issues, that the Bundestag passed the ratification laws by a simple majority. Stjerna maintains, however, that a two-thirds majority is needed. He also insists that the UPC agreement is not compatible with European law.

The question of the voting procedure in the Bundestag is regarded by UPC backers as of little consequence, because in March the Bundestag political fractions passed the UPC laws unanimously. Conversely, Karlsruhe could have called on the European High Court with regard to compatibility with Union law. In this case, there is a threat that there will be a considerable delay to the start of the UPC.

What is still unclear, however, is whether the Federal constitutional judges will allow the complaint at all. The wide range of opinions being gathered is a sign to the experts that the judges in Karlsruhe are looking at Stjerna’s complaint very intensely, and will allow it. As far as anyone knows, the judges are setting a very tight deadline on their reaction, such that an initial decision about approval is still possible this year. If the complaints are rejected, then the UPC could potentially get going next year – provided that Great Britain ratifies the UPC agreement this autumn.

Speculations proved right

Over the past few months there has repeatedly been speculation that the person behind the complaint was Stjerna, not least due to the publications by the UPC-sceptical lawyer from Düsseldorf. As early as July he had been posting detailed documents on his Website, among them minutes of meetings and questions put to the political fractions in Bundestag regarding the way they voted.

And as far back as 2012, in an interview with JUVE, he was criticising the political decision-making process with regard to the EU Patent and the new Patent Court had not been handled transparently enough for the public on a European level. He had repeatedly complained about the undemocratic behaviour by the legislature, and so developed into the main critic of the UPC altogether, even though at the time he had been working for the very UPC-friendly law firm of Simmons & Simmons. Before that he was with the patent legal practices of Bird & Bird and Reimann Osterrieth Köhler Haft (now Hoyng ROKH Monegier) in Düsseldorf.

Today Stjerna works as an independent attorney in Düsseldorf. Among colleagues, who recommend him as an experienced expert in the patent field, he also finds fellow-feeling and praise for his critical stand. “He’s putting his finger right on the spot, and he’s saying what a lot of people wouldn’t dare to say, bearing in mind the people they have as clients”, says one Munich patent attorney, for example. With regard to the new Patent Court, the German patent scene is regarded as split. For a long time, not all the attorneys have been fans of the UPC.

Hungary raising the issue too

In the meantime it has also become known that the Hungarian government has also called upon the constitutional court in Budapest for an expert opinion as to whether the UPC laws are compatible with the Hungarian constitution. This could delay the integration of the agreement into national law. This would have no effect on the start of the UPC, however, because in order to be binding it would only need France, Germany, and Great Britain to ratify the agreement. Ten other EU states are needed. In total, 14 states have already concurred with the agreement.

As soon as Germany and Great Britain have ratified the UPC agreement, the court can get going. The UPC should actually already have started in April, and a European-wide Patent Court should have been established, with a uniform protective right, the EU Patent. But Brexit, and then the constitutional complaint in March, have delayed the launch indefinitely.

(Mathieu Klos, Christina Schulze)


Techrights will soon publish more information about this UPC complaint. It's probably the beginning of a big fight between Team UPC/Team Battistelli and the rest of society, i.e. hundreds of millions of Europeans (only few of them are aware of what's going on behind their backs and behind closed doors). ⬆

Recent Techrights' Posts

Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
 
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day